Attorney 'offended' at hearing after firefighter's death

Hamilton Fire Chief Steve Dawson, IAFF Local 20 Pres. Brian Ruhl, and City of Hamilton Safety Dir. J. Scott Scrimizzi talk about Patrick Wolterman, who died in the line of duty early Monday morning.
The Enquirer/Carrie Cochran

Lester Parker and William Tucker are both charged with murder and aggravated arson in the 2015 death of Hamilton Firefighter Patrick Wolterman. Prosecutors have said Parker solicited his nephew, Tucker, to start the fire which led to Wolterman's death after he fell through the first floor and into the basement of Parker's home.

Both have pleaded not guilty. Their trial is scheduled for November.

Attorneys for both men filed a series of motions last month, arguing for a change of venue and separate trials, among other things.

Butler County Judge Greg Stephens denied the motions in a hearing Monday afternoon. But perhaps more importantly, the hearing appeared to strike a wedge between Attorney David Washington, Jr., who represents Parker, and Attorney Tamara Sack, who represents Tucker.

Attorney 'offended' by motion

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Defense Attorney David Washington, Jr. took offense to a motion filed in Butler County Common Pleas Court recently.(Photo: The Enquirer/Keith BieryGolick)

In her motion, Sack argued for separate trials in part because of "guilt by association." She used this phrase again in court, saying Parker was arrested and charged first.

Washington wasn't pleased.

He told the court he didn't plan on commenting. Then he did.

"For my client, I'm a little offended by it," said Washington, wondering aloud if his counterpart misspoke. "He hasn't been found guilty of anything. We are going to trial."

This discord matters because Parker and Tucker are co-defendants in the case. The two men will be tried together, as Judge Stephens denied the motion to separate them.

Echoes of Ray Tensing

While arguing about a change of venue, Butler County Prosecutor Mike Gmoser brought up the Ray Tensing trial.

Tensing is the former University of Cincinnati police officer charged with murder in the fatal shooting of Sam DuBose.

The case drew national attention because Tensing was one of the few police officers to be criminally charged in a use-of-force incident.

DuBose's attorney sought a change of venue because of the publicity and was denied. The eventual mistrial took place in Hamilton County and the retrial will as well.

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Sack argued the media coverage for Tucker will keep her client from getting a fair trial. Gmoser said that issue has never been examined as much as it was during the Tensing case. He called the coverage of that case "relentless."

Gmoser argued against moving this trial and said it was inappropriate to even consider until closer to the trial, which is about seven months away.

Judge Stephens sided with Gmoser, denying the motion.

Clues to the case?

Little has been said about the investigation into Wolterman's death. The Enquirer has sued the State Fire Marshal for access to records relating to the case after repeated public records requests were denied.

On Monday, Sack took issue with some of the evidence the prosecution has accumulated. She hinted the prosecution plans to present evidence that Tucker, who lives in Richmond, Kentucky, was in Hamilton around the time of the fatal fire.

She told the court investigators used location technology from Tucker's cell phone and other electronic equipment to track his whereabouts. She complained this is being used in a circumstantial way.

"My client had occasions well before this incident to be in Hamilton," Sack said. "This is one of the reasons I feel my client would be prejudiced."

Assistant Prosecuting Attorney David Kash said defense counsel would have the opportunity to object to evidence like that during the trial.